Burns v. State

Hawkins, Judge.

Conviction is for rape, punishment assessed being five years in the penitentiary.

The judgment was affirmed in an opinion delivered the 8th day of December, 1937. In appellant’s motion for rehearing our attention is called to an inaccurate statement of a fact in said opinion, and the same will be withdrawn and the following substituted therefor.

The indictment charged rape upon Dorothy Lee Raney, alleging that she was “a female then and there under the age of 15 years, and a female then and there under the age of 18 years.”

The testimony of prosecutrix made out a case of rape. She…